He was arrested for aggravated assault with a deadly weapon in gadsden county and had vop in Immokalee Fl. Is it possible for him to run probation concurrent, or he would still have to be transported to Immokalee, since it what 9 hours away?
He will have to appear on new charges. Whether or not it is possible to get the sentence to be served concurrently is a matter for him to discuss with his lawyer. He should get a lawyer to represent him on the new charges right away.
This response does not create an attorney client relationship and is offered for informational purposes only. Only a lawyer fully versed on the facts and circumstances of your case can properly advise you on the case. I am licensed to practice in Minnesota, not every state. You should always consult with an attorney licensed in your area on how best to proceed.
2 lawyers agree
He will more than likely have to resolve the new charge in Gadsden before being transported back to Collier County to answer to the VOP. If he is on felony probation in Collier, I'm guessing he is on a zero-bond status, which means he cannot post a bond until he appears before a Collier County judge. In terms of sentences being run concurrent, unless the State elects not to file the Aggravated Assault as charged, he is looking at mandatory prison on the Gadsden charge. If that is the case, perhaps the Collier judge will agree to convert the balance of his probation sentence to prison or jail time and run that sentence concurrent with Gadsden. He needs an attorney immediately.
Criminal Defense Attorney
As Ms. Sticco stated, he most likely has zero bond on the violation of probation, which means once his new charge is resolved, he will be transported to Collier to address the violation. There are many possible sentences - the best being the State drops the new charge and he gets put back on probation for the Collier case. The worst case scenario would be consecutive prison sentences, depending on what he is on probation for.
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